Sabrina Lane et al v Bayer Corporation et al

Filing 33

ORDER granting in part and denying in part 28 Motion to Dismiss WITH prejudice. Bayer has withdrawn its motion for with prejudice dismissal as to four of the identified plaintiffs. As to these four plaintiffs - (1) Shawna Castro, (2) Nekeisha Chea tteam, (3) Kathryn Churilla, and (4) Sonya Ellis - the motion to dismiss is DENIED as MOOT. As to the remaining six plaintiffs - (1) Mindy Brink, (2) Tosha Champion, (3)Markita Childress, (4) Shellena Crabtree, (5) Esmeralda Davis, and (6) KimberlyE dwards - the motion to dismiss with prejudice for failure to comply with Plaintiff Fact Sheet requirements is GRANTED. Further, the Court DIRECTS the Clerk of the Court to enter judgment reflecting the same at the close of the case. Signed by Chief Judge David R. Herndon on 5/20/2013. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS
_________________________________________
)
IN RE YASMIN AND YAZ (DROSPIRENONE))
3:09-md-02100-DRH-PMF
MARKETING, SALES PRACTICES AND
)
PRODUCTS LIABILITY LITIGATION
)
MDL No. 2100
_________________________________________
)
ORDER
VACATING DISMISSAL
This Document Relates to:
Sabrina Lane, et al. v. Bayer Corp., et al. No. 3:11-cv-20002-DRH-PMF 1
ORDER DISMISSING WITH PREJUDICE
HERNDON, Chief Judge:
The above-captioned action is a multi-plaintiff action. On March 1, 2012,
the Court dismissed the claims of 29 of the named plaintiffs, without prejudice,
for failure to comply with their Plaintiff Fact Sheet Requirements (Doc. 22). 2 On
March 29, 2013, Bayer Healthcare Pharmaceuticals Inc. (“Bayer”) filed a motion
to convert 10 of the 29 without prejudice dismissals into with prejudice
dismissals in accord with Case Management Order Number 12 (Doc. 28). Bayer
has withdrawn its motion to dismiss with regard to four of the plaintiffs identified
in the motion for with prejudice dismissal (Doc. 29). The remaining six plaintiffs
(Mindy

1

Brink,

Tosha

Champion,

Markita

Childress,

Shellena

Crabtree,

This order applies to the claims of the following plaintiffs: (1) Shawna Castro, (2) Nekeisha
Cheatteam, (3) Kathryn Churilla, and (4) Sonya Ellis.
2
The following plaintiffs’ claims were dismissed without prejudice on March 1, 2012: BarnesMosley, Barron, Barzee, Beasley, Brink, Brown, Bryant, Casto, Cerda, Champion, Cheatteam,
Childress, Christophel, Churilla, Clough, Cooper, Corley, Corona, Crabtree, E. Davis, L. Davis,
Donahue, Dooley, K. Edwards, W. Edwards, Ellis, Vargas, Watton, Wheeler, and White.

Esmeralda Davis, and Kimberly Edwards) (“the non-compliant plaintiffs”) are the
subject of this order.
In the order dismissing the claims of the non-compliant plaintiffs without
prejudice, dated March 1, 2012, the Court stated as follows:
Further, the Court notes that, pursuant to CMO 12, plaintiffs have
60 days from the entry of this order to provide substantially
complete PFS materials before their cases are converted into
dismissals with prejudice. This gives plaintiffs more than enough
time to address the relevant deficiencies in their PFS materials.
(Doc. 22 p. 9) (emphasis in original). Further, section E of CMO 12, expressly
states: “[u]nless Plaintiff has served Defendants with a completed PFS or has
moved to vacate the dismissal without prejudice within 60 days after entry of any
such Order of Dismissal without Prejudice, the order will be converted to a
Dismissal With Prejudice upon Defendants’ motion.” (MDL 2100 Doc. 836)
(emphasis added).
More than a year has passed since the entry of dismissal without prejudice
and the non-compliant plaintiffs still have not completed their Plaintiff Fact Sheet
obligations.
Having considered the motion and the relevant provisions of CMO 12 the
Court ORDERS as follows:
Mindy Brink, Tosha Champion, Markita Childress, Shellena Crabtree,
Esmeralda Davis, and Kimberly Edwards have failed to comply with their
obligations pursuant to CMO 12 and more than 60 days have passed since the

entry of the order of dismissal without prejudice for failure to comply with
Plaintiff Fact Sheet Requirements.
Accordingly, Bayer’s motion to dismiss the claims of Mindy Brink, Tosha
Champion, Markita Childress, Shellena Crabtree, Esmeralda Davis, and Kimberly
Edwards with prejudice is GRANTED.
Further, the Court DIRECTS the Clerk of the Court to enter judgment
reflecting the same at the close of the case.
SO ORDERED:

Digitally signed by
David R. Herndon
Date: 2013.05.20
11:20:48 -05'00'
Chief Judge
United States District Court

Date: May 20, 2013